Privacy

Don’t fear investigation will mean defamation lawsuit

10/21/2008

When you conduct an internal investigation, other employees involved in the investigation are going to figure out what the allegations are. But you don’t have to worry about a defamation lawsuit following the investigation if you strive to keep the matter confidential …

Schwarzenegger vetoes card-check union voting for farm workers

10/20/2008

Gov. Arnold Schwarzenegger has vetoed a bill that would have allowed California farm workers to seek union representation using a card-check system that was opposed by the farming industry. Although the California Assembly and Senate passed the legislation after a summer of wrangling over details, Schwarzenegger spiked the bill …

Confidentiality provision may violate federal labor law

10/20/2008

A temporary employment agency violated federal labor law by including a confidentiality provision in an employment contract, according to a recent NLRB ruling (Northeastern Land Services, Ltd. dba The NLS Group and Jamison John Dupuy, 352 NLRB No. 89, 2008). In the case, the agency fired a worker for violating the confidentiality provision …

Change your computer passwords often: Study casts suspicious eye on departing IT staff

10/17/2008

Exercise extreme caution when terminating employees with knowledge of your IT systems. More than eight in 10 IT security professionals admitted that, if laid off tomorrow, they’d take valuable and sensitive company information with them, according to a new Cyber-Ark Software survey.

No individual liability under FMLA for public employers

10/14/2008

Good news if you work for a public employer in Florida. If you make an FMLA mistake, you can’t be sued individually, unlike your peers in the private sector …

What are the rules for conducting pre-employment physicals and drug tests?

10/14/2008

Q. I have been asked to screen applicants for several positions. Can we lawfully ask selected candidates to submit to physical exams or drug testing? …

Sales VP took sales overseas

10/10/2008

Three former employees of Metaldyne Corp. in Plymouth have pleaded guilty to plotting to steal trade secrets and sell them to industry competitor Chongqing Huafu Industry Co. of Chongqing, China …

Doctor charged, sued for alleged hidden bathroom camera

10/01/2008

Five women are suing Dr. Vincent Pacienza, claiming the Long Island cardiologist used a camera hidden inside an air freshener to spy on them when they used the office bathroom …

Serenex chemist sold pharmaceutical secrets to Chinese

09/26/2008

Serenex, the Durham-based biopharmaceutical company, is due to collect $57.5 million from two Chinese companies and a former Serenex employee who Wake County Superior Court Judge Donald Stephens said conspired to steal trade secrets. But it’s doubtful Serenex will ever collect the money …

Showing restraint: Ensuring worker safety with workplace protective orders

09/23/2008

A disgruntled employee is terminated for poor performance. On his way out, he threatens his manager and co-workers. Fortunately, situations like this usually end with the terminated employee cooling off, filing for unemployment and getting on with his life. But what happens when the employee doesn’t let it go? …